Sex Discrimination - United States Jaycees v. McClure: Private Organizations and the Right of Association - How Far Does Constitutional Protection Extend

Abstract

INTRODUCTION|Throughout the past twenty years, courts have become increasingly active in defining the role of government as it relates to the individual. Yet, one area of constitutional jurisprudence which remains largely unsettled is the scope of the first amendment freedom of association. Although freedom of association has been recognized as a constitutionally protected penumbral right of the first amendment, the Supreme Court of the United States has yet to define the boundaries of the right. This lack of direction from the Supreme Court has generated much confusion in the area of private organizations' discriminatory membership practices. Traditionally, private organizations' discriminatory membership practices have been constitutionally protected under the safeguards of the first amendment right of association. However, as a private organization's disposition leans towards a public rather than a private affiliation, the question becomes whether such quasi-private organizations' discriminatory practices will find constitutional shelter under the umbrella of the first amendment...